[Adopted 9-16-2008 by Ord. No. 1429]
Except as provided hereinbelow, pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program (DCRP):
A. 
Borough Administrator;
B. 
Municipal Court Judge;
C. 
Recreation and Parks Director; and
D. 
Zoning Officer.
Pursuant to N.J.S.A. 43:15C-2, individuals serving in the following positions are exempt from DCRP membership:
A. 
Chief Financial Officer;
B. 
Tax Collector;
C. 
Registered Municipal Clerk;
D. 
Principal Public Works Manager;
E. 
Qualified Purchasing Agent;
F. 
Tax Assessor;
G. 
Construction Code Official;
H. 
Licensed Building Subcode Official;
I. 
Licensed Electrical Subcode Official;
J. 
Licensed Plumbing Subcode Official;
K. 
Licensed Fire Subcode Official; and
L. 
Shade Tree Director.
Notwithstanding the foregoing, in accordance with N.J.S.A. 43:15C-2, if a position is designated as eligible for DCRP and the individual meets any of the following exceptions, the individual is permitted to join or remain in the Public Employees' Retirement System (PERS):
A. 
Notwithstanding the provisions of § 84-6, the Borough may determine that an individual in its organization who is already enrolled in a PERS position that is promoted to an otherwise DCRP position through a valid promotion may remain in PERS. In the event the position is not filled through a promotion, the position remains DCRP. The circumstances surrounding the decision to determine a position as PERS are limited to those where the employees eligible for promotion serve in a legitimate subordinate capacity. Such practices, including hiring an individual in a subordinate PERS position with the purpose of immediately promoting the person to a DCRP position, cannot be used to circumvent the DCRP requirement for the position.
B. 
If a person is appointed to a temporary or interim "acting" capacity to a DCRP position that otherwise requires a professional license or certification in the list above, the person shall be eligible to join PERS.
C. 
An individual who was a member of PERS prior to July 1, 2007, may continue his or her PERS membership when appointed to a DCRP position, if the person has "continuously" been a member since that time. For the purpose of this article, "continuously" means that a period of no more than two years has elapsed from the time the individual left employment in a PERS position to the time the person was reemployed.
This article shall be implemented and construed in accordance with N.J.S.A. 43:15C-1 et seq., as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.